Terms of Use

By accessing or using this web site (the "Site"), you hereby accept and agree to comply with the following Terms of Use governing your access and use of the Site, which includes any information, data, tools, products, services, and other content (together, "Content") available on or through the Site.

1. Limited Right to Use the Site: MIWatch.org ("MIWatch") grants you a limited right to use the Site. At any time and for any reason, MIWatch may revoke your right to use all or any portion of the Site. You may not, nor may you allow others to, violate or attempt to violate the security of the Site. You may not, nor may you allow others to, delete any Content on the Site. You may not, nor may you allow others to, collect or attempt to collect any information about other persons, including without limitation passwords, login information, account information or other information. You represent and warrant that you have not and will not enter into any agreement or perform any act that may contravene the purposes and/or effects of the Term of Use.

2. Ownership of the Site and Content: The Site is the property of, and is maintained by, MIWatch. The Site and the Content are protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by MIWatch, its affiliates and/or third parties. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo, service mark, or other intellectual property on the Site. You may not modify, copy, distribute, transmit, display, reproduce, repackage, publish, license, create derivative works from, transfer, commercially exploit or sell all or any portion of the Site without the written permission of the author and MIWatch. You also may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.

3. No Reliance: MIWatch provides the Site to the public for general information purposes only and the Content contained in the Site should not be construed as medical advice and/or opinion on any facts or circumstances. Although we try to keep our web site current and accurate, the Content speaks only as of the date indicated and are subject to change at any time without notice.

4. Disclaimer of Warranty: MIWatch provides the web site and/or links to other web sites, e-mail addresses, articles, events, and other Content "As Is" without warranty of any kind to the fullest extent permissible pursuant to applicable law. In other words, we do not make any express or implied warranty, representation, or undertaking of any kind (nor does MIWatch assume any direct or indirect legal liability or responsibility whatsoever) that the information on the Site is applicable to your circumstances, correct, complete, or up-to-date. MIWatch disclaims all representations and warranties, express or implied, oF any kind with respect to the site and the Content, including without limitation warranties of merchantability, fitness for any particular purpose, NON-INTERFERENCE, ACCURACY OF DATA, and non-infringement of intellectual property or proprietary rights.

5. Third-Party Information and Web Sites: MIWatch does not intend any third-party information on the Site to be referrals to, or endorsements of, the named persons, entities, or information that they make available. In addition, Content and opinions expressed by third parties, not associated with MIWatch, in any corresponding articles, links to other web sites, or other communications are the personal Content and opinions of the original authors, not of MIWatch. Accordingly, MIWatch has no more editorial control over such Content than does a public library, bookstore, or newsstand. Also, MIWatch is not sponsored by (or associated with) any particular linked person or entity on our web site unless so stated in truth by that linked person or entity.

6. Copyright Complaints: If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify MIWatch by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) by email to editor@miwatch.org as set forth below:

  • A. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • B. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MIWatch, or its third party service providers, to locate the material;
  • D. Information reasonably sufficient to permit MIWatch, or its third party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. Technological Problems: MIWatch cannot promise that your access to the web site will be available at all times, uninterrupted, or that material accessible from the Site is free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Although MIWatch takes reasonable security precautions when using the Internet or other means to transport data or other communications, MIWatch disclaims liability for any interception of data or communications. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the web site for the reconstruction of any lost data. MIWatch is not liable for any technological problem with the Site, any damage or injury caused by the performance or failure of performance of all or any portion of the Site, or any defect, delay, or error in or resulting from your use of the Site.

8. Subscribing to Subscriptions: You are solely responsible for maintaining the confidentiality and security of all information relating to accessing Subscriptions. In other words, you may not disclose any information relating to accessing Subscriptions, including without limitation your password, to any third party. You accept full responsibility for any use of your password or other login information.

9. Monitoring: MIWatch has the right, but not the obligation, i) to monitor the Site to determine compliance with these Terms of Use or other policies governing the Site; ii) to investigate any complaint or reported violation of these Terms of Use or other policies governing the Site; iii) to report any activity that may violate any law or regulation to regulators, law enforcement officials or other persons or entities that MIWatch deems appropriate; and iv) to issue warnings, suspend, or terminate use of the Site, deny access to all or any portion of the Site, delete and remove defamatory communications to the Site, or take any other action that Miwatch deems appropriate.

10. Privacy Policy: Nonpublic personal information acquired by MIWatch will be governed by its Privacy Policy, a copy of which is available on the Site.

11. RSS Feed: Our RSS (Really Simple Syndication) feed is a means by which MIWatch offers story headlines to visitors of the Site who subscribe to the RSS feed. The RSS feed is a free service offered by MIWatch for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS feed as provided by MIWatch, and you may not edit or modify the text, Content or links supplied by MIWatch. MIWatch retains all ownership and other rights in the RSS feed. In addition, MIWatch reserves the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing, or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. MIWatch assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your web site.

12. Limitation of Liability: IF YOU ARE DISSATISFIED WITH THE CONTENT, SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE CONTENT AND THE SITE. IN NO EVENT WILL MIWATCH OR ANY OF ITS AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF THESE TERMS OF USE, THE SITE, OR CONTENT CONTAINED ON THE SITE. THIS LIMITATION OF LIABILITY APPLY TO ALL DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE. THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

13. Indemnification: You shall indemnify, defend, and hold harmless MIWatch from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising from, relating to, or resulting from i) your use of the Site; ii) your breach of these Terms of Use or any representation, warranty, or covenant made by you in these Terms of Use; iii) your violation of any applicable law, statute, ordinance, or regulation or of any rights of a third party; or iv) claims asserted by third parties which, if proven, would place you in breach of any representation, warranty, covenant, or other provision contained in these Terms of Use.

14. Modifications of these Terms of Use: The Site is offered to you conditioned on your acceptance without modification of these Terms of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. MIWatch reserves the right to change these Terms of Use at any time without notice and you will be legally bound by each revised version of these Terms of Use that MIWatch posts on the Site, and modifications will be effective immediately upon posting on the Site unless MIWatch indicates otherwise. Your use of the Site indicates your full acceptance of these Terms of Use in their then-current form each time you use the Site. Therefore, you should read these Terms of Use from time to time for changes.

15. Miscellaneous Terms: These Terms of Use constitute the entire agreement between the parties relating to the Site and supersedes any and all other agreements, oral or in writing, with respect to the Site. The failure of MIWatch to insist upon strict compliance with any term or provision of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any provision in these Terms of Use is invalid or unenforceable under applicable law, then that provision shall be enforced to the maximum extent possible and the remaining provisions shall continue in full force and effect. These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the laws of the State of New York, without regard to its conflict of law rules, as if these Terms of Use were a contract wholly entered into and wholly performed within New York State. For any suit, action, or other proceeding arising from or relating to this Agreement, you hereby irrevocably agree to personal jurisdiction and exclusive venue of the federal and state courts located in the County of Westchester in the State of New York. All rights not expressly granted herein are reserved.

Last Updated: October 31, 2007

Privacy Policy

MIWatch.org ("MIWatch") recognizes that personal privacy is very important to visitors who access our web site (the "Site"), which includes any information, data, tools, products, services, and other content (together, "Content") available on or through the Site. Accordingly, MIWatch has adopted the following privacy policy for its web site:

1. Personally identifiable information is information that can be used to contact you or determine your specific identity. MIWatch does not collect personal identifying information about you through the Site except for:

  • Information that your Internet Service Provider automatically provides to our web server, such as your web site (IP) address, e-mail address, system domain name, computer type, browser version, date and time of your visit to the Site, and/or the names of files you requested and the referring page.
  • Information that you send to us in an e-mail message.
  • Information that you submit for registration or use through the Subscriptions subscription page.
  • Information you submit on the Site's message board.
  • Information about your navigation on the Site through the use of cookies; a small amount of data placed on your computer's browser to recognize you by name when you return to the Site. This information may be retrieved only when your web browser is enabled to accept cookies.
  • In compliance with the Children's Online Privacy Protection Act (COPPA), MIWatch wishes to advise parents and children who access the Site that MIWatch may collect (directly from you or your child) and retain personal identifiable information regarding your child.

2. MIWatch will use information collected on the Site for our own proper purposes. MIWatch also maintains reasonable physical, electronic, and procedural safeguards in compliance with applicable laws and regulations to protect the personal identifying information acquired.

3. We may use third-party advertising companies to serve advertisements on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous and are not covered by MIWatch's privacy policies.

4. MIWatch will not sell or give your e-mail or personally identifiable information to third parties, except as permitted or required by law as follows: i) to affiliates and nonaffiliated third parties, such as attorneys, accountants, and other professionals we use to service the Site; ii) to comply with Federal, state, or local laws, rules and other applicable legal requirements; iii) to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, state, or local authorities; or iv) to respond to judicial process or government regulatory authorities having jurisdiction over Miwatch for examination, compliance, and other purposes as authorized by law.

5. E-mail sent to us may not be secure. In an effort to maintain your privacy, persons or entities contacting MIWatch by email are advised not send confidential or sensitive information via the Internet. If you choose to send us an e-mail message through the Site's "Contact Us" feature, we may retain the content of the e-mail message(s), your e-mail address, and our response(s).

6. If you choose to submit content for publication on the Site, we may publish your name and other information you have provided to us.

7. The site will include links to other web sites operated by third parties. MIWatch is not responsible for information on these third party web sites, nor for services or products offered by them. Use of such third party web sites, including transmitting your personal data to them is at your own risk. Also, such third party web sites are not covered by MIWatch's privacy policies and these third party sites may have their own privacy policies.

8. We encourage you to review this privacy policy periodically for updates that will be posted on our web site. MIWatch may change this privacy policy at anytime and without notice. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms. Your continued use of the Site after any such revisions will constitute your acceptance of the new terms and their application to your use of MIWatch's web site and the information disclosed for such use, including information previously furnished to MIWatch, as if they were the initial terms.


Blog Moderation

Authority: MIWatch is moderated occasionally and posteriorly. Internet users posting comments on this blog should not be considered to be health professionals.

Complementarity: Comments posted on MIWatch should be designed to support, not replace, the relationship that exists between a patient/site visitor and his/her existing physician.

Confidentiality: We remind you that everyone can read and use your comments. You do not have the possibility to erase your own comments.

Comments: Internets users commenting on MIWatch must behave with respect and honesty at all times. Internet users may not post any commercial/advertising comment. Internet users commenting on MIWatch must post information that is true and correct according to their knowledge. Sources to health/medical claims must be provided when relevant.

Moderators Reserve the right to erase, without notification, any comment judged to be inappropriate.

Last modification date : July 1, 2010

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